BIRMINGHAM, Alabama - A judge today ruled there is probable cause for the capital murder charge filed against a Mississippi man in the June strangulation death of his girlfriend in Birmingham.

Jefferson County Circuit Court Judge Laura Petro today ordered the case against Montrail Russell, 32, be bound over to a grand jury for its review and possible indictment. The judge also denied a motion by Russell's attorneys to set a bond so he could be released from jail while awaiting trial.

Petro made the rulings after holding a preliminary hearing at which a Birmingham Police Department homicide detective testified about his investigation into the death of 46-year-old Katie Mae Lucas at her apartment in the 100 block of 59th Street North. Lucas died of asphyxiation by strangulation, but also had cuts to her wrists, according to testimony and the autopsy report.

Deputy Jefferson County District Attorney Laura Poston is prosecuting the case and Shera' Craig Grant and Alison Kelley Hudlow are trial attorneys with the Jefferson County Public Defender's Office representing Russell.

Birmingham Det. Phillip Harris testified Russell had come to stay with Lucas a few weeks before she died. The last time anyone talked to Lucas was about 6:30 p.m. June 22 when her daughter called Lucas' cell phone, he said. The daughter heard a male voice in the background, the detective said.

A neighbor reported having heard people arguing in Lucas' apartment on June 21 and then on June 23 she heard loud banging like furniture was being moved around, Harris testified.

Sharon Cole, a friend who also worked with Lucas at the nearby McDonald's restaurant also reported to police that Lucas was supposed to report to work at 11 p.m. June 22 and take over her shift, Harris testified. When Lucas didn't arrive, she sent another worker to Lucas' apartment to check on her, the detective said.

When the other worker got to the apartment no one answered the door, but a man looked out the front window of the apartment, Harris said. That worker later identified Russell as the man who looked out the window, he said.

Cole then went to the apartment and the man she identified as Russell answered the door, Harris said. At first Russell told Cole that Lucas wasn't there, but then changed his story to say she was passed out, the detective said.

When Cole tried to come into the apartment, she reported Russell closed the door, Harris said.

Lucas was reported missing on June 23 and no one answered the door when police made an initial check, Harris said. When a cousin came by a short time later on June 23, the cousin had her son get into the apartment through a window and unlock the door, the detective said. The cousin then found Lucas' body.

Cole had given Lucas a car to drive and it was missing from the apartment's parking lot, Harris said.

The car was recovered June 25 after a Cleburne County sheriff's deputy pulled it over for not having a tag and Russell jumped out and tried to run, Harris said. Ironically, the detective said, the car was pulling into a McDonald's when the deputy attempted to stop it.

Inside the car police found Lucas' wallet, a CD I-Pod player, a blanket with blood on it, and two knives, Harris said. The player and blanket were among items reported missing from Lucas' apartment, he said.

Also found in the car were scales that tested positive for marijuana, Harris said. Russell also tested positive for marijuana at the time of his arrest, he said.

Grant, through cross examination of Harris, tried to show Lucas could have given Russell permission to drive the car and that the items could have been in the car before Lucas' death. Harris said no one reported seeing Russell drive the car before Lucas was killed.

The capital murder charge is based on murder in the course of a robbery. Russell maintains his innocence, Grant said.